US embassy cable - 04ABUJA252

S E C R E T SECTION 01 OF 02 ABUJA 000252 
 
SIPDIS 
 
NOFORN 
 
E.O. 12958: DECL: 01/20/2014 
TAGS: PREL, PGOV, PTER, PHUM, NI 
SUBJECT: CHIEF JUSTICE ON THE JUDICIARY 
 
 
Classified By: CDA CLAUDIA ANYASO.  REASONS: 1.5 (B & D) 
 
1.  (C) SUMMARY:  Nigeria,s Supreme Court Chief Justice 
Mohammed Uwais continues his efforts to rehabilitate the 
image of the Judiciary, and especially the Supreme Court, by 
speaking out on Nigeria,s problems.  Following the latest 
January round of dueling court rulings in the Anambra 
governorship case, Uwais addressed the press and talked 
privately to PolOff.  To reporters, he criticized his own 
judiciary and offered public ideas for improving its 
performance.  Privately, he expressed his concerns for 
Nigeria's future and provided his assessment of the ongoing 
Presidential election tribunal.  He said the judiciary would 
decide that case "solely on the merits of its legal 
arguments."  Previously anxious about Nigeria's future, Uwais 
seemed confident in the country's ability to weather even the 
worst scenarios looming ahead.  END SUMMARY. 
 
UWAIS COMMENTS IN PUBLIC 
 
2.  (U) Publicly, Uwais made four points.  First, he called 
on the Nigerian public to help "police" the judiciary.  He 
asked that any citizen who knew of judicial malfeasance come 
forward to help the Supreme Court and the National Judicial 
Council (NJC) ferret out the "few bad judges."  He also 
lamented that judges were being subjected to unprecedented 
pressure from outside the courts system and many felt unable 
to perform their duties.  Citing the Omisore case and its 
list of revolving judges, he said that pressure from outside 
should not prevent a judge from carrying out his duty. 
However, Uwais allowed, it was unfair to assign 
"high-profile" cases to junior members of the judiciary, a 
practice endorsed by many senior judges in order to protect 
themselves.  The senior judge in the jurisdiction should 
accept any case with the potential for publicity and 
political blowback, Uwais suggested. 
 
3.  (U) Responding to the reporter's questions on an Enugu 
State judge issuing an order ousting the Anambra State 
governor, Uwais commented that the issue of such "co-ordinate 
jurisdiction" has been under serious discussion within the 
judiciary for some time.  At the December annual judiciary 
retreat, Uwais says that this topic was one of the two 
primary issues.  On the specific case, he said that Justice 
Nnaji, the judge in Enugu who issued the order ousting 
Anambra Governor Ngige again, would have to show a pattern of 
questionable rulings before his case would rise to the level 
of the NJC.  Uwais declined comment on the ruling as it was 
still sub judice, but stated that all judges are aware that 
they should refrain from entertaining cases outside their 
respective states of jurisdiction. 
 
4.  (U) Finally, Uwais maintained that the judiciary could 
not be held responsible for "courting military intervention." 
 He averred that no past coup had been instituted because of 
judicial actions.  Uwais agreed that conflicting judicial 
decisions were troublesome, but suggested allowing the 
processes to continue to their logical conclusions, to the 
Supreme Court if necessary. 
 
PRIVATELY, ON THE JUDICIARY 
 
5.  (S/NF) In his meeting with PolOff on the same day as the 
newspaper interview, Uwais echoed the same themes as well as 
discussed the Election Tribunal hearing the complaints of the 
ANPP and its candidate Muhammadu Buhari.  Uwais said that he 
was "tired of meddling from above."  He complained 
specifically about Nnaji in Enugu and what he said was 
President Obasanjo,s promise to promote Nnaji to the Federal 
Appeals Court in exchange for the decision.  He cited the 
history of cooperation between the Presidency and another 
judge, Egbo-Egbo, who has ruled against Ngige.  Uwais said 
"we recommended that the President sack Egbo-Egbo but he has 
refused to act."  He commented that the NJC played an 
investigatory and advisory role, but that no judge could be 
removed without the President's concurrence, thereby 
undermining the independence of the judiciary. 
 
AND ON THE ELECTION TRIBUNAL 
 
6.  (S/NF) Turning to the election tribunals, Uwais had 
obviously been considering the judicial dilemma for some 
time.  "We know the PDP rigged the elections," he said, "but 
it is up to the ANPP to prove it" in court.  Stating that he 
had been following the tribunal on a daily basis, he said 
that the evidence presented thus far was "substantial." 
Uwais also pointed out that the President and INEC would be 
limited in presenting their defense:  The prosecution and 
defense were required to file their pleadings at the 
beginning of the case, but while the ANPP was thorough, but 
it appeared that Obasanjo and INEC had merely gone through 
the motions without laying the groundwork for evidence they 
might present to refute the ANPP,s claims. 
7.  (C) Discussing the theoretical outcome of the case, Uwais 
said that if the Tribunal found in favor of the ANPP, it 
would have to declare the April 19 election "a nullity."  At 
that point, Obasanjo and Vice President Atiku would no longer 
be in office.  The leadership mantle would pass to the Senate 
President who would be directed to conduct new elections 
within a specified period.  Since INEC would be a losing 
party in the case, Uwais said, it was likely that some 
alternative would have to be found to direct the new 
elections. 
 
8.  (S/NF)  Uwais said that the outcome depends on how well 
ANPP attorney Mike Ahamba presents his case.  He is doing 
well so far, Uwais commented.  He stated that the judiciary 
remains concerned about the potential for disruption and 
confusion in the wake of the tribunal, an argument put forth 
by the President to argue against entertaining the case. 
Uwais said he foresees potential problems for Nigeria 
regardless of who wins the case.  On these matters, Uwais 
said that he had consulted with a wide range of politicians 
and military officers over the past few weeks.  He stated 
that the concerns he once had about annulling the election 
"are now satisfied."  If Ahamba makes his case in 13 or more 
states, Uwais continued, "I guarantee that the judiciary will 
decide the case solely on the merits of its legal arguments." 
 
 
9.  (S/NF) COMMENT: At his most recent previous meeting with 
PolOff, Uwais was very anxious and showed considerable 
apprehension about the confusion that could arise from 
overturning the elections.  In this meeting Uwais seemed less 
concerned about the prospect of confusion, but was sanguine 
about the future of Nigeria,s current democratic 
dispensation.  For years, Uwais has maintained that he wants 
to clean up the judiciary and re-establish its independence. 
ANYASO